IISD Model Contract Clauses for Responsible Investment in Agriculture:

Customizable legal provisions to help implement international best practices, principles, and guidance on responsible agricultural investment

20. Project Map

 

20.1 The Grantor shall prepare a Project Map showing:

(a) the total area of land that constitutes the Project Area identified using global positioning system (GPS) coordinates;

(b) any land adjacent to the Project Area (the Additional Land) that may be made available to the Company in accordance with Section 22;

(c) any features on the Project Area, including forested areas, sites of cultural significance to Indigenous Peoples or other individuals and groups, and any other protected areas, that the Company must leave intact;

(d) any restrictions on the Project activities close to streams, rivers, and other natural resources; and

(e) any use of the Project Area by women and men who are Legitimate Tenure Rights Holders, Indigenous Peoples, or members of the Local Community for their livelihoods or regular agricultural or other activities.

20.2 The Grantor shall consult women and men who are Legitimate Tenure Rights Holders during the development of the Project Map and shall seek their approval of the final version of the Project Map.

20.3 Demarcation of Project Area: within [insert number] days from the Signature Date, the Company shall demarcate the Project Area in accordance with the Project Map using clearly observable physical markers.

20.4 Breach of Project Map boundaries: The Company shall ensure that the Project Operations remain at all times within the Project Area as defined in the Project Map.

20.5 Where Project Operations take place outside of the boundaries of the Project Area as defined in the Project Map:

(a) The Company shall be liable to pay an additional annual rental fee of [insert currency and amount] per hectare of land outside the Project Area where Project Operations have occurred; and

(b) The Grantor shall consult women and men who are Legitimate Tenure Rights Holders to determine whether the Company shall be required to return the Project Operations to the boundaries of the Project Area as defined in the Project Map, or whether the Company shall be entitled to seek to incorporate the land outside the Project Area where Project Operations have occurred into the Project Area using, mutatis mutandis, the procedures set out in Section 22 below.


For more information: See generally IISD, 2014, Section 5.1 (Term and Rights – Geographical Boundaries); Szoke-Burke et al., 2018, Section 5 (Description and Demarcation of the Land Area Required); UNIDROIT & IFAD 2021, Chapter 4, Part A (Identification of the Land).

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