The Maules Creek Community Council began civil enforcement proceedings against Whitehaven Coal in the NSW Land and Environment Court.

MCCC is seeking an injunction to stop clearing of Leard State Forest on the grounds that Whitehaven is in breach of its development consent by clearing the forest during winter when animals, including threatened species, are hibernating.

“We have launched a legal case today because we believe the winter clearing that is occurring in the forest is a breach of NSW planning and environment laws,” MCCC spokesman and farmer Phil Laird said.

"We believe the clearing is unlawful and we are seeking to have the case heard quickly so that no more irreparable damage is done to this unique forest environment and the animals that live in it.

"As a local community, we feel that we have been forced to take this action because the NSW government has failed in its responsibility to uphold the law and protect the environment of NSW."

Construction at Maules Creek started in January.

It is estimated to cost $767 million, the largest investment underway in regional NSW.

According to Whitehaven’s website, construction is on budget and scheduled for first coal to be railed in March 2015.