A LARGE branch has fallen from a Mayday Hills tree subject to a stop-work order, prompting the owner of the Beechworth site to repeat claims it will kill someone. George Fendyk estimated the branch, that fell near a three-storey building that forms part of the George Kerferd hotel, was three to four metres in length before breaking on impact. The branch's plummet follows Heritage Victoria in October putting a stop-work on that tree, which Mr Fendyk then said he wanted to pull down to stop it hitting the Linaker hotel quarters and killing a person. Heritage Victoria, which governs protections at the former asylum site, warned Mr Fendyk that removing the tree was illegal due to the aged status of the brittle gum. Mr Fendyk said he was highlighting the fallen branch with The Border Mail to show the risk posed by the tree but would not raise it with Heritage Victoria. "I'm sick of talking to them, why would I waste my time talking to idiots?" Mr Fendyk said. "They say the tree is safe, but no arborists are going to say that. "The tree could go over anytime and if it falls over it's definitely going to fall on Linaker - brittle gums do that, they get dry and die and kill people and I don't want to be responsible for it." However, Heritage Victoria believes the brittle gum is in a robust state, based on a tree expert's assessment two weeks ago. "Heritage Victoria engaged an arborist to assess the condition of the trees at Mayday Hills," a spokesman said. "The assessment indicated that the subject tree is in good condition and that a qualified arborist should be engaged to remove deadwood from the canopy." An exemption to undertake that work would have to be sought by Mr Fendyk and he has said he wants nothing more to do with the tree's fate. "If the tree was dangerous, it could be removed subject to a permit exemption," the Heritage Victoria spokesman said. "Exemptions can be issued quickly, particularly if there is a threat to people or property." The stop-work order outlaws the removal of the tree, foliage or branches without assent being given by Heritage Victoria.