Eurobodalla Shire Council will file an objection in the Land and Environment Court appealing the State Government's May 1 decision to approve a charcoal plant near Mogo.

During an extraordinary meeting of council on Tuesday afternoon, council decided to engage PricewaterhouseCoopers Legal to file a Class 1 merit objection to the approval, a move that will preserve council's statutory right to object.

A merit-based objection must be lodged within 28 days of the decision.

Mayor Peter Cairney says council will be asking the community if they believe it should proceed with the appeal.

"One of the factors they'll need to be aware of is that the cost of legal and scientific advice to help council decide whether or not to proceed with the merit objection is estimated at $450,000," Cr Cairney said.

"This includes advice about the probability of success."

If a merit-based appeal in Land and Environment Court failed and further appeals led as far as the High Court, the legal costs are estimated at up to $3 million. At this point some costs may be awarded for or against council.

Council will discuss opportunities for possible joint funding of an appeal with various organisations including the NSW and South Coast Regional Aboriginal Land Councils, the NSW State Opposition, the Wilderness Society, other councils, the Local Government and Shires Association, the Lachlan Regional Transport Committee, the Environment Defenders Office, IROC and the NSW Greens.

Cr Cairney said council understands the environmental group, Coastwatchers, and other objectors to the charcoal plant also plan to lodge a merit appeal against the Minister's decision.

"What the community needs to decide is whether they want the council to pursue the appeal itself or whether ratepayers' funds should be allocated to other groups appealing the decision," he said.

"Funds to another group would be on a dollar for dollar basis up to $50,000 in the 2002-03 financial year."

Coastwatchers have set up a fighting fund for public donations at local IMB Building Society branches.

Cr Cairney said as well as lodging the merit objection, council resolved to pursue several other courses of action including urgent meetings with the Premier, Australian Silicon and the State Minister for Tourism.

The council also resolved to ask the Director General of planningNSW to a public meeting in the shire to explain the assessment process to the community and the basis for the Minister's decision.

For more information about the plant and the decision to approve it, log onto the planningNSW website, www.duap.nsw.gov.au, the Charcoalition website, www.charcoalition.forests.org.au, or ring Australian Silicon on 08 9426 3355 or 1800 657 131.

[Charcoalition note: The Coastwatchers Association Inc. (of which the Charcoalition is a subcommittee) plan to lodge an appeal]