The protest, Camp Sovereignty, set up during the Commonwealth
Games, was ordered by the City of Melbourne to leave by 4pm (AEST) on Monday.
Camp Sovereignty spokesman Robbie Thorpe today said the group's lawyers would be seeking an injunction against the order and preparing an emergency declaration to protect the site under Section 2 of the Commonwealth Heritage Legislation.
Mr Thorpe said an inspector was expected to sign off on the declaration this morning and notice given to State Aboriginal Affairs Minister Gavin Jennings.
"The Melbourne City Council aren't landowners so we're wondering where the order (to disband) came from," Mr Thorpe said.
"There are some fundamental legal issues here which remain unresolved."
Protesters have threatened a peak hour protest if authorities forced the camp to disband.