An 'appointed area' under s 23(b) of the Litter Act 1979 (WA) may be set aside for the deposit of litter generally or for a particular kind or kinds of litter. A person who deposits litter in an area set aside for a different type of litter has not deposited it in an 'appointed area' and commits an offence. In criminal appeals involving regulatory offences, the absence of a general rule that costs follow the event means the court retains a broad discretion, and a public interest element in clarifying previously unconsidered statutory provisions may justify each party bearing their own costs.
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