Hume Coal has threatened legal action if protesters blockading a road at Sutton Forest don't get out of the way before midday today.
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The company and residents are at loggerheads over its plans to access a property in Carters Lane to carry out exploration drilling.
Hume Coal has an access deal with landholder Robert Koltai for compensation, but the arrangement angered nearby residents.
The Southern Highlands Coal Action Group organised the blockade, with permission from neighbour Ross Alexander, who owns Carters Lane. Hume Coal has now written to Mr Alexander asking that the blockade be disbanded.
"While I remain hopeful the blockade will be disbanded voluntarily and our team will be allowed access, Hume Coal will need to seek the support of the courts if the blockade continues beyond November 5," project manager Tim Rheinberger said.
"We have not taken this decision lightly, and have explored all other possible avenues to conduct our lawful activities."
However, action group convener Peter Martin said the blockade, which has been active for a month, wasn't going anywhere. He said a covenant over both the access road and nearby properties banned non-agricultural activities.
"The real point, though, is this isn't about the law," he said.
"It's about how we have a multi-national Korean company trying to impose their will over a community of Australians by legal means. The landholders have and the whole district have made it very clear to the mining company that they don't want coalmining in the area and the company is not listening."
Hume Coal is a joint venture between Cockatoo Coal and Korean steelmaker POSCO.
Landholders have also raised concerns about the impact of coalmining on groundwater.
Mr Alexander, who supports the protesters, said the potential legal battle put him in a difficult position: He could breach the covenant by granting access, or face possible legal action if he doesn't.
Hume Coal said its legal advice was it had a right to use Carters Lane and to carry out exploration and environmental monitoring.
Mr Rheinberger said the company was committed to a detailed groundwater assessment and could not rely on existing data.