The Central Otago District Council has yet to receive a retrospective application for consent from Queenstown company SRL (Steve Rout Limited) for work carried out without consent last year.
The council's planning team leader Ann Rogers shut down the schist-mining operation at Earnscleugh in July when it was discovered a large amount of earth and schist rock had been dug out.
She told Mr Rout he would have to apply retrospectively or the council would take enforcement action.
Since then, the council has been in contact with Andrew Henderson, from Boulder Planning, who is preparing the retrospective consent.
It took some months for an archaeological assessment to be prepared as part of the report.
That report is now complete and Mr Henderson said he was waiting for the landscape plan.
He expects to lodge the consent application at the end of this month.
"Given that they have ceased work and are making progress, having commissioned technical reports, we will not be taking any further action at this stage," Ms Rogers said.
Mr Rout told the Otago Daily Times in July his company had moved about 3000cu m of rock.
He said there had been a breakdown in communication between planners, the family (the landowners) and the company.
All disturbance of land, whether within the district plan or not, required the operator to replace the subsoil, topsoil and vegetation after the work was completed.
