A MINING company has lost its bid to have charges of illegal activity thrown out of a Queensland court.
Unimin Australia was ordered on Friday to pay more than $250,000 in legal costs after a magistrate dismissed a series of applications by the company.
Its lawyers claimed charges that it illegally took and sold non-mineral sand from the world's second largest sand island were an abuse of process.
But the Brisbane Magistrates Court dismissed the applications and ordered Unimin to pay combined legal costs of $254,687.
The charges were brought by the Queensland government and relate to the company's activities on North Stradbroke Island, where it has a lease to extract only mineral sands.
The company is charged with one count of carrying out an environmentally relevant activity without a registration certificate and one count of carrying out assessable development without a permit.
North Stradbroke Island indigenous owner Dale Ruska says Friday's decision is a positive step.
He hopes it will persuade the Queensland attorney-general to upgrade the charges against Unimin.
Indigenous owners say legal advice indicates there is a prima facie case for fraud and theft.
"Hopefully now the attorney-general may treat the matter more seriously," Mr Ruska told AAP.
Attorney-General Jarrod Bleijie has previously declined to comment on the matter, saying it is before the courts.
The court hearing has been adjourned to March 28.
AAP mjf/bart
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