substitute
(a) the development—
(i) does not require an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997
(the Act ); or
(ii) if an environmental authorisation or environmental protection agreement is required in relation to the development under the Act—
(A) an authorisation has been granted under the Act
, section 49 (Grant) in relation to the development; or
(B) the environment protection authority has entered into an environmental protection agreement under the Act
, section 38 (Entering agreements) in relation to the activity with the person who is conducting, or proposing to conduct, the activity; and