The Onerwal Aboriginal Land Council and other agencies have been voicing concerns that ring trees home to vulnerable squirrel gliders just across the ACT border could be heavily damaged or killed if a section of the $200 million Barton Highway duplication is not redesigned.

The current duplication of stage one from the ACT border towards Murrumbateman means the existing carriageway next to the trees would become southbound, while the new northbound lanes will be built on the other side of the trees, leaving them in the middle of both carriageways.

The current design comes after the land council and various environmental bodies lobbied the Barton Highway Upgrade Alliance, which is part of Transport NSW, to not proceed with its first design that involved removing the trees altogether.

They say a simple realignment of the road on the east of the current road would avoid damage to ring trees, as well as spiritual trees closer to Murrumbateman.

A Transport NSW spokesperson said works near Kaveneys Road, Jeir, had been paused "while investigations are carried out and next steps are considered".

"This includes consultation with Registered Aboriginal Parties, archaeologists and other specialists on cultural heritage," the spokesperson said.

"Transport for NSW takes its obligations to the environment and the local community seriously and will provide more information to the community when an outcome has been reached."

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Ngunnawal Elder Elder Wally Bell said works just across the border "are going to impact underneath the gridline, which will probably have some effects on the trees".

"It's probably going to kill them," he said.

ACT Environment Minister Rebecca Vassarotti recently wrote to the NSW government backing the concerns and asking for clarification about protection of the sites.

"I have heard from a number of traditional custodians, a representative Aboriginal organisation, Landcare groups and community members who have raised their concerns about the Barton Highway duplication," Ms Vassarotti said.

"We must recognise and respect the conservation skills and heritage knowledge of the traditional custodians and representative Aboriginal organisation."

A Heritage NSW spokesperson said it had issued Aboriginal Heritage Impact Permits to safeguard cultural trees from development impacts.

"Heritage NSW has worked closely with Transport for NSW and the Aboriginal community to consider and assess the Aboriginal cultural heritage values as part of the Barton Highway Upgrade," the spokesperson said.

Stage one works officially started in November 2020 after the Australian and NSW governments provided $50 million each to fund the stage, which the Barton Highway Improvement Strategy 2017 identified as needing immediate works.

The Australian government has committed a further $100 million, pending further planning.

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