Where a tribunal introduces new material after a hearing has concluded, procedural fairness requires not merely disclosure of the material but adequate identification of the use the tribunal intends to make of it, particularly where the material puts in issue facts that were common ground between the parties. An amendment to particulars that merely narrows the quantum of conditions sought (from 100% to 10% offset) does not alter the issue between the parties and should ordinarily be permitted. The question whether a specific mine's greenhouse gas emissions must be shown to make a discernible contribution to climate change before enlivening public interest considerations under s 269(4)(k) Mineral Resources Act 1989 (Qld) was left open.
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