A $20-million mega-yacht marina proposed for the Inner Harbour should not go ahead as planned, Victoria Mayor Dean Fortin said yesterday.

Recent tests by a consultant prove that if the marina is built as planned, it would limit boat access to a Vic West park, he said.

The marina developer disagrees, saying he might consider legal action.

The latest debate over the controversial marina proposal centres on city-owned Lime Bay Park, at the foot of Catherine Street and Cooperage Place. Victoria maintains it holds riparian rights, which refer to the right to access its land from the water.

"We certainly will be protecting our riparian rights as the landowner," and the province is obligated to ensure riparian-access rights are not interfered with, Fortin said.

"We also think, in the larger sense, that the size and scope of the current marina will block views, [and] diminish both the esthetic and functional values of the park. And we believe the public has an expectation of unencumbered views from parks, especially on the waterfront."

Victoria councillors were briefed in a closed-door session yesterday on a study conducted for the city by BMT Fleet Technology to prove its point.

The applicable provincial Integrated Land Management Bureau standard is whether a 40-foot vessel is able to safely navigate and have access to the foreshore, said Fortin.

"We did a real-time test with our fire boat, which is 36 feet, and the report concluded that the city's emergency vessels and any other similar-sized vessels would have difficulty accessing the foreshore area," Fortin said.

It is standard practice internationally for authorities to carry out risk assessments before a large marina or terminal is developed in a working harbour, he said. The city is calling on the federal government to conduct such an assessment to ensure any potential risks are identified and strategies are in place to address those risks.

The planned 52-slip marina is a red-hot topic. Opponents argue the marina is too big and environmentally unfriendly, and that large boats would compromise safety. Proponents say it will bring money into the community and boost the tourism industry.

Bob Evans, partners with WAM Development Group in the Victoria International Marina project, said he might take legal action against Victoria. "We knew that the city was going to try and come up with something and I think that they are putting the taxpayers very much at risk here."

Evans maintains the City of Victoria has no riparian rights, saying the park is primarily made of fill. But he said even if it had such rights, they would not be affected by the marina. The city is interfering with an agreement that is many years old to allow a marina in that location, he said.

Evans, original builder of the Songhees area in the 1980s, developed the park, which was turned over to the city -- something that would not have happened if there was a riparian-rights issue, he said. "We did not have to do that," he said. "There was nothing in the agreement that said that the city was acquiring any riparian rights."

The marina proposal requires approvals from the federal, provincial and municipal governments. No approvals have been granted.