The Central Otago District Council has filed an application to the Environment Court for an enforcement order requiring Steve Rout Contracting Ltd to comply with conditions of a retrospective consent granted last December.
The Queenstown-based company had extracted an estimated 3000cu m of schist from a hectare of private property near the Fraser Dam at Earnscleugh - damaging archaeological features in the process - until it was ordered to cease operation by the council in July 2008.
Retrospective consent was granted subject to 25 conditions, including restoration of the site to mitigate adverse effects.
The council's application for an enforcement order, dated April 8, seeks the cessation of "activities being undertaken in contravention" of the consent, and that the company "take actions necessary to ensure compliance".
CODC planning team leader Ann Rodgers said under the consent the company was required to complete certain work by a specific date, and had failed to do so.
Ms Rodgers filed an affidavit in support of the council's application, which stated the non-compliance of conditions was causing adverse environmental effects "in terms of visibility from surrounding properties and on the amenity values of the area".
"There are also adverse effects in terms of the stability of the extraction areas and additional effects on heritage features and archaeological sites as they continue to degrade without the remedial works being undertaken," the affidavit stated.
Steve Rout, the director and primary shareholder of Steve Rout Contracting, did not return calls yesterday.
An Environment Court spokesman said the company had until April 30 to file a notice of opposition to the council's application, as well as any supporting affidavits.
The council then had until May 14 to respond, after which a date would be set for a pre-hearing conference.