If a stone artefact, scatter, shell midden, burial or any suspected Aboriginal object turns up during works, do these things straight away:
Aboriginal objects are protected under the National Parks and Wildlife Act 1974. Two points matter most:
From there, a qualified archaeologist and the Aboriginal community assess the find’s significance. Depending on that assessment and whether further impact is unavoidable, you may be able to resume, or you may need an Aboriginal Heritage Impact Permit (AHIP) — sometimes supported by an ACHAR — before works continue in that area.
This is the one situation where the sequence changes. If you uncover bones that may be human:
The same principle applies in the ACT: suspected human remains are a police matter first, then a heritage matter. Never attempt to assess or move possible remains yourself.
In the ACT, Aboriginal objects and places are protected under the Heritage Act 2004. If Aboriginal objects are uncovered during works, stop in the immediate area, don’t disturb the find, and report the discovery to the ACT Heritage Council / ACT Heritage. Assessment is carried out in consultation with the Representative Aboriginal Organisations (RAOs). As in NSW, the safe and lawful response is to pause, report and take advice rather than work on and hope.
The smoothest projects don’t improvise this on the day — they have an unexpected finds protocol ready before works begin. A good protocol names who has authority to stop work, who to call, what to record, and how the site is secured, so a find becomes a managed pause rather than a panicked, costly halt.
Importantly, this is often not an optional extra: every Aboriginal Heritage Impact Permit (AHIP) requires an unexpected finds protocol attached to it, and a thorough due diligence assessment will include one. So if your project has been properly assessed, you should already have a protocol in hand before works start — which is exactly the point. If you don’t, COLCO can prepare one tailored to your site and works.
General information, current as at 15 June 2026; not legal advice, and not a substitute for site-specific advice in an actual find. NSW is progressing reforms to its Aboriginal cultural heritage framework — we keep our advice current. In an unexpected find, contact COLCO for prompt, senior guidance.
Yes, in both NSW and the ACT. In NSW, section 89A of the National Parks and Wildlife Act 1974 requires you to notify Heritage NSW once you’re aware of an Aboriginal object; in the ACT, the discovery must be reported to ACT Heritage under the Heritage Act 2004. Either way, stop work in the immediate area, don’t disturb the find, and have it assessed before resuming.
No. Work in the immediate area should stop, because harming an Aboriginal object is an offence in both NSW and the ACT. Get advice, allow the find to be assessed, and resume only once you know what approval is required — an AHIP in NSW, or the relevant approval in the ACT.
Stop all work immediately, don’t touch anything, secure the area and call the police first — in both NSW and the ACT. Police involve the Coroner; if the remains are Aboriginal ancestral remains, the relevant heritage authority (Heritage NSW or ACT Heritage) and the Aboriginal community lead the response.
Yes. An unexpected finds protocol, prepared before works begin, sets out who stops work, who to call and what to record. It removes panic and delay on the day. In fact every AHIP requires an unexpected finds protocol attached, and a good due diligence assessment includes one — so a properly assessed project should already have one before works start. The same good practice applies in the ACT.
If you’ve hit an unexpected find, COLCO provides prompt, senior advice on the right next steps. And if your project hasn’t yet had a heritage assessment — the assessment that would normally put an unexpected finds protocol in your reporting — we can sort that before you break ground. Canberra-based, servicing the ACT and NSW.
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