4Specific eligibility criteria for determinations by Scientific Committee of threatened species listings (section 4.4)

#### 4 Specific eligibility criteria for determinations by Scientific Committee of threatened species listings (section 4.4) 4.1 Specific eligibility criteria for determinations by Scientific Committee of threatened species listings (section 4.4) > > (1) Critically endangered species The relevant criteria for critically endangered species set out in this Division apply to a determination by the Scientific Committee that a species is eligible to be listed as a critically endangered species on the basis that it is facing an extremely high risk of extinction in Australia in the immediate future. > > > (2) Endangered species The relevant criteria for endangered species set out in this Division apply to a determination by the Scientific Committee that a species is eligible to be listed as an endangered species on the basis that— > > > > > (a) it is facing a very high risk of extinction in Australia in the near future, and > > > > > (b) it is not eligible to be listed as a critically endangered species. > > > (3) Vulnerable species The relevant criteria for vulnerable species set out in this Division apply to a determination by the Scientific Committee that a species is eligible to be listed as a vulnerable species on the basis that— > > > > > (a) it is facing a high risk of extinction in Australia in the medium-term future, and > > > > > (b) it is not eligible to be listed as a critically endangered species or an endangered species. > > > (4) Listing may be based on species satisfying any one or more of the relevant criteria A species is eligible to be listed in a particular category if the criteria specified in any of the following clauses of this Division apply to the species. > > > (5) Special additional criteria for listing populations A population of a species is not eligible to be listed as a threatened species under any of the criteria specified in the following clauses of this Division unless— > > > > > (a) the species to which the population belongs is not separately listed as a threatened species, and > > > > > (b) the population is, in the opinion of the Scientific Committee, of significant conservation value based on its role in the conservation of the species or a number of other species. > > Note. > > Section 4.4 of the Act provides that if a species is not eligible to be listed in any category in accordance with that section on the basis of the risk of extinction in Australia, then it is eligible to be listed in accordance with that section on the basis of the risk of extinction in New South Wales.