Light and Air Act 1902 (WA)

Mecitern Chtztratta.

ANNO PRIMO ET SECUNDO

EDWARDI VII. REGIS.

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No. XXIX.

AN ACT to restrict the operation of the Law .of Prescription respecting Access and Use of Light and Air to Buildings.

[Assented to, 19th February, 1902.]

Legislative Assembly of Western Australia, in this present Parlia- BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and

ment assembled, and by the authority of the same, as follows:-

1. THE short title of this Act is the Light and Air Act, sho title.

1902.

2. EXCEPT as herein provided, after the passing of this Act A.

no tenement shall become servient to any other in respect of the light or Is. use	of
access of either light or air, and no person shall have or acquire, by prescription, grant, or otherwise, any claim or right to the access of light or air to any land or building from or over the land of any other person :

1° & 2° EDWARDI VII., No. 29.

Light and Air.

Provided that nothing in this Act contained shall prejudice or affect any easement or right to access or use of either light or air now existing, or acquired by prescription or otherwise, prior to the passing of this Act:

Provided further. that a grant of the right of access of light or air made at any time after the passing of this Act may be enforced if-

(a.) Such grant be made by deed duly executed and regis-

tered;

(b.) Such grant shall provide that the benefit thereof shall inure for a fi rm not exceeding twenty-one years, and no longer.

Applicat on. 3. THIS Act shall apply to all lands in the State of Western

Australia, including lands held by or on behalf of Iris Majesty, his heirs and successors.

4.      'NOTHING in this Act shall be deemed to repeal or affect

Law relating to

pollution of air	any law or statute relating to the pollution of air.
not affected.

5.      SECTION three of the Imperial Act, passed in the second

Repeal. and third years of King William the Fourth, Chapter seventy-one,

intituled the Prescription Act, l832. shall cease to have operation

within Western Australia on and after the passing of this Act.

In the name and on behalf of the King I hereby assent

to this Act.

ARTHUR LAN LEY, Governor.

By Authority : Wu. ALFRED WATSON, Government Printer, Perth,