42Waterway work licence—requirement

42 Waterway work licence—requirement (1) A person must not do waterway work if— (a) the work adversely affects, or may adversely affect, the flow or quality of water, or the aquatic habitat, in the waterway; and (b) the person does not have— (i) a waterway work licence for the waterway work; or (ii) authority for an activity that includes the waterway work under the Environment Protection Act 1997. (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.