substitute
(2) However, a waterway work licence is not required if the work to be undertaken is—
(a) the construction or alteration of—
(i) a water structure that has a capacity of less than 2ML and is not in a waterway; or
(ii) a structure prescribed by regulation; or
(b) undertaken as part of an authorised activity under the Environment Protection Act 1997
; or
(c) undertaken under an environmental protection agreement under the Environment Protection Act 1997
.